Hello, maybe you guys and gals can help me out.
I have a neighbor who keeps using my land and my driveway (an old one that went to the back of the property to a small farm) to access his home. The driveway has been there since I got the property and there are no easements or any documentation that grants him permission to use the land. He recently added white gravel to the driveway without my knowledge and I want him to stop using my land and my driveway. His property is not land locked, so he has the ability to put an access road on his own land. I sent him a certified letter telling him to stop using the driveway and that I was giving him 30 days to find a remedy. 30 days pass and he still ignored the request. I set up some small barriers and he moves or destorys them when I leave the property. I did happen to get a picture of him on his tractor grating the driveway while there is a no trespassing sign clearly in view. I called the cops to report this but he ran back to his house before they showed up.
His property was obtained in 1998 and the only time that he was supposed to use the driveway was to move the trailer he lives in to his property. At no point was any permission granted to him to use it for an extended amount of time. I didn't care much but was rather irritated that he continued to use the driveway but when he tried to make improvements to it and a recent dispute I want nothing to do with him. I want him off and away from me.
My lawyer advised me to send the letter with the 30 day notice and I did. Then he gets a lawyer that send me a letter saying that although he doesn't have permission to use the driveway I can't block it off. Again, his property is not landlocked, he has no "squatters rights" or any documents that show he had permission to use my property. So how is it that I can't do anything about someone using my property, and taking the information above into consideration, what would be the best course of action? I've hired a lawyer that I meet with later this month, but it's making me very upset that I can't do what I want with the land because the other lawyer says that it will block access to his home when he clearly has his own property to build his own driveway.
Thank you very, very much in advance to anyone to can give advice.